Bill C-4 (Historical)

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Canada Labour Code

[MaryAnn Mihychuk, Liberal, Kildonan—St. Paul, MB]

moved that the bill be read the third time and passed.

Mr. Speaker, it is my pleasure to be here once again to speak to the House about this legislative package, which would help all Canadians, businesses, and workers. That is really the ultimate purpose of the bill, to reduce conflict and ensure that our economy will be working as harmoniously as possible so that we can create jobs and have a healthy, strong economy, which is what every single member of the House is working toward.

This is the final reading of Bill C-4.

Our relations with the labour movement are not based on conflict, and should not be. Rather, the solution and the best approach is collaboration. We believe in co-operation with the labour movement because it benefits all Canadians. This was a promise that our leader made last year during the election campaign and introduced through the legislation known as Bill C-4. We believe that our system of open negotiations serves the interests of both the employer and the employee, as was clearly evident in the recent negotiations between Canada Post and CUPW.

Not only is the bill a significant step forward, but it also has a strong symbolic value. It sends the message that a partnership, rather than adversity, is now the basis of our relationship. Our government takes an approach to labour relations that is based on collaboration, respect, and engagement, not the Conservative approach. We believe in fairness and justice for Canadians.

Truth be told, the labour movement has been an essential building block for a stable and strong economy, which we have now in our country, as well as a fair and inclusive society. The labour movement provides a collective voice for workers in their negotiations with employers. Unions have had a historical concern for the interests of the middle class, whether they are members or not, and strive for fair wages for all workers. They have been instrumental, in fact they have been central, in the movement to achieve fairness for women in the workplace, for indigenous workers, for workers with disabilities, and for all workers across this land.

This is in harmony with our values and our thinking as a government. This is also in harmony with our values and thinking as Canadians. This is why we believe our labour laws should be balanced and fair. Why have we put so much effort into this piece of legislation? Simply stated, we wanted to restore fairness and balance in labour relations because this has been missing for the previous 10 years.

The objective of Bill C-4 is to repeal the legislative changes brought in by Bill C-377 and Bill C-525 and supported by the previous government and delivered via a backdoor, sneaky approach to governing. The situation is very straightforward. These two bills upset the balance that has been carefully maintained for years. They upset a balance that ensured fair treatment for employers and workers, and that served as a solid foundation for collective bargaining and for our economy.

I do not mind calling this what it is. Those bills were anti-union legislation, and we would now correct the state of affairs.

During the committee hearings, we heard from a number of key stakeholders who provided specifics about the serious flaws in Bill C-377 and Bill C-525. For example, let us consider the fact that Bill C-377 forces labour organizations and labour trusts to provide to the CRA very detailed financial information such as expenses, assets, debts, salaries of certain individuals, and other information. This private information would then be publicly available on that website.

They would also have to provide details on the time spent on political and lobbying activities, as well as any activities not directly related to labour relations. Thankfully, the Minister of National Revenue has already taken steps to suspend these obligations in 2016, while Parliament has been examining Bill C-4.

We must all understand that if this key financial information, including strike funds, were made public, these measures would put unions at a huge disadvantage, because employers are not required to publicly disclose similar financial information. It is totally unfair and unbalanced.

As well, Bill C-377 imposes a large financial and administrative burden on labour organizations and labour trusts, information that is not required from others. Why would unions be the only ones forced to comply with these requirements while other organizations, including professional organizations, would be exempt? Frankly, it is difficult to see how that legislation could actually benefit hard-working Canadians.

Some think that Bill C-377 was necessary to improve fiscal transparency. They say that it was necessary to guarantee public access to information. I fail to see the link between Bill C-377 and transparency. The rules contained in Bill C-377 are one-sided and discriminate against unions, and they upset the balance in labour relations. They add nothing to the current regime.

We already have legislation in place to ensure that unions are financially accountable to their members at both the federal and provincial levels. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. This is more than sufficient to ensure that both parties can negotiate in balanced conditions.

We knew from the onset that Bill C-377 was unnecessary and redundant. Not only does it disadvantage unions during collective bargaining, it is also an impediment to the bargaining process itself.

This brings me to Bill C-525. This bill has made changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, and affects how unions are certified and decertified. It replaces the previous card check system with a mandatory vote system, despite the fact that the traditional system worked well for decades and there was little pressure to change it. In fact, the Conservatives hide the evidence in a labour department report that showed the success of the card check approach. It is shameful.

Bill C-525 makes it harder for unions to be certified as collective bargaining agents and makes it easier for bargaining agents to be decertified. However, it is not just a problem for unions. Consider the implications to the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board. These boards are responsible for the full cost and logistic responsibilities involved in holding representation votes.

Under these changes, the Canada Industrial Relations Board is required to hold a vote to certify a union, not just in roughly 20% of the cases where less than a majority of workers have signed union cards but in all cases. That translates into roughly five times the board's current workload. Unions now have to obtain support from 40% of workers before a mandatory secret ballot vote can be held. That is a great way to ensure that the unionization process is as complicated as possible.

Perhaps more alarmingly, the changes would also mean that the process is more susceptible to employer interference. During our committee hearings, Dr. Sara Slinn, associate professor at York University's Osgoode Hall Law School, agreed.

She stated:

Employees require greater protection from employer interference under a vote system. These include access to expedited unfair labour practice procedures and more substantial interim remedies, but such necessary protections were not provided by Bill C-525.

It is evident that Bill C-525 does not represent a positive contribution to labour relations in Canada, not to mention that it is simply not necessary. The card check certification process that had been in place in the federal jurisdiction for decades worked well. We see no need to change that.

Bill C-4 represents the kind of positive contribution we want to see and that Canadians deserve. This action to repeal Bill C-377 and Bill C-525 is part of a larger effort to repair damaged relationships with those who are producing prosperity and quality of life for Canadians.

Our premise is simple on this side: we know that working people are not the enemy. We also know that a backdrop of conflict and mistrust cannot be productive for either side when it comes to reaching agreements.

I am not implying that all is perfectly smooth and that there are not points of contention between us and the labour movement. The point is that discussions must take place on a level playing field and in a setting of respect and transparency.

Canada watched as recent negotiations stalled between Canada Post and the Canadian Union of Postal Workers. We were asked if we would get involved and introduce back-to-work legislation. However, we did not go there. We respected the process, and alone, together, Canada Post and CUPW came to a tentative agreement.

We are also seeing this in provincial jurisdictions. Earlier this week, General Motors Canada and Unifor came to their own tentative agreement without any work stoppage.

Our conviction in the collective bargaining process is not misplaced. We are seeing real problems turn into real results through respect at all levels. When we give a little, we get a little.

We know that the labour movement deserves fairness from the federal government, and we have delivered in Bill C-4. This is only one of a number of initiatives we are undertaking to improve the workplace in this country, and we are just getting started.

Not only do we have a focus on fairness, but the fact is that in many respects, we have to get with the times. In this respect, we have pledged to amend the Canada Labour Code to allow workers the right to formally request flex work arrangements from their employers. This will help federally regulated workers balance their professional and personal responsibilities.

We are also working on reforms to facilitate flex parental leave, which will allow parents to create a plan that makes sense for their unique family and workplace circumstances as they expand their families. Both those initiatives are good for the middle class and good for our economy.

We are also putting forward many other measures that will benefit hard-working Canadians and their families. I hope that in both our actions and our words members can see that our government is committed to achieving real results for Canadians.

When it comes to dealings with the labour movement, I am the first to admit that we might not always agree on everything, but it is essential that our larger relationship be based on trust. Our rapport is built on the bedrock of common goals, goals like helping the middle class and those working hard to join it and creating good jobs for hard-working Canadians.

However, there is more to do on many other fronts, including ensuring fair and equitable conditions for workers and building a sustainable economy. Let me remind my hon. colleagues that we can only achieve these goals by having frank and honest discussions about the things that matter, by sticking to our values, and by never forgetting just who we are here to represent.

As I have said before, sound labour relations are essential for protecting the rights of Canadian workers and for helping the middle class grow and prosper.

I thank members for their time and attention and for the ability to put these comments on the record.

[MaryAnn Mihychuk, Liberal, Minister of Employment]

moved that Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be concurred in at report stage.

The House proceeded to the consideration of Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, as reported (without amendment) from the committee.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, I look forward to working with the member as well and congratulate her on her new role.

This afternoon, we will continue with the Conservative Party motion. Tomorrow, we will proceed with Bill C-4, the union bill.

I have had discussions with opposition House leaders to find agreement on the handling of the debate at report stage and the third reading of this bill. I would like to thank them for their co-operation. We will continue this debate on Monday as well, in the hope of concluding third reading debate at the end of the day.

On Tuesday, we shall commence second reading debate of Bill C-22, which establishes a national committee of parliamentarians. I expect that debate to carry over to Wednesday and I hope we can conclude the debate on Friday so that we can get the bill to committee early next week.

Lastly, next Thursday shall be an allotted day.

Economic Action Plan 2015 Act, No. 1

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, it is absolutely relevant and if the member stays tuned, he will find out why it is so relevant.

The legislation members are proposing, the opposite of this legislation, is trying to change ideas that came forward from the Conservative Harper government, that ultimately threw labour relations off balance. This is exactly what the New Democrats are proposing to do in the private member's bill. Like the Conservatives, they did not do their homework with respect to that private member's bill. There is a process which all of us should actually respect.

New Democrats would agree with me on the point that the labour legislation that the government has brought in, in many ways is repealing legislation that the Conservatives brought forward. We made reference, for example, to former private members' bills C-377 and C-525. Those were bills that, I would argue, were brought through the back door of the House of Commons through private member's where there was no due process, no real consultation that had taken place, but it met a political agenda. It was not sensitive in terms of the labour movement, in particular, but many different stakeholders were not properly or adequately surveyed and the question was not put to them.

It is the same thing with regard to both political parties. I believe we witnessed a new attitude toward the way in which government is treating labour laws and Canada's public service. All one needs to do is to take a look at some of the things we have done in a relatively short period of time.

Today we are talking about Bill C-5, which is a piece of legislation that would deal with a change that the former Conservative government brought in, in the form of an omnibus budget bill, where it changed sick leave requirements. There were no consultations. It was the government's position and it was interfering. It upset a great number of people.

When we were in opposition, we cited the reasons why we had a difficult time, let alone that the change was packaged in a budget bill. We believed, at the time, that it needed to be changed and voila, today we have Bill C-5. It is rectifying a mistake made by the Conservatives. I have made reference to the two private members' bills which dealt with issues such as the certification and other issues related to public disclosure. Again, we witnessed no consultation that actually had taken place. We had Bill C-4 and Bill C-7 brought in by this government in order to balance the scale.

I believe that this government has successfully portrayed that it is not only a government that wants to see a different attitude but has been very effective at implementing it. We hope things continue to go well with regard to Canada Post. I remember talking to postal carriers with respect to the former government, and saw an attitude of distrust in the government of the day in terms of having an arm's-length approach. That government was prepared to take certain actions even if it meant going against Canada Post workers. Our government brought forward legislation like Bill C-4 and Bill C-7 to deal with the issues of our RCMP, and allow collective bargaining in order to allow the RCMP to become unionized.

These are all very strong, positive measures that have been taken in a relatively short period of time. The morale of our civil servants is so very important. That is one of the reasons we are seeing that new shift in attitude, and we will see dividends coming from that.

I had an interesting discussion not that long ago with a constituent who was reflecting about how the morale is, in fact, changing within our civil service. They look to Bill C-5.

I see you are trying to stand up, Madam Speaker. I believe I will be allowed to continue when the debate next continues.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, with all due respect, I disagree with the member's assessment. Our government has established a new attitude in its approach with unions. It is one of mutual respect. Whether it is Bill C-4, Bill C-7, the current legislation, Bill C-5, or the Canada Post potential strike and the negotiations around that, I wonder if she could reflect on those initiatives and at the very least acknowledge that in a very short period of time we have come a long way in establishing that new relationship.

Labour

[MaryAnn Mihychuk, Liberal, Minister of Employment]

Mr. Speaker, as everyone in the House knows, we have had several very important national issues to discuss, debate, and vote on.

Bill C-4 was introduced second to the budget bill itself. It shows an indication of the priority that our government has to restore fair and balanced labour legislation.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, the minister's answer is not good enough.

Bill C-4 is currently in parliamentary limbo. No one even knows what stage it is at. On top of that, the Liberals failed to include a number of elements.

For instance, this bill does not even reinstate the provisions on workplace health and safety. The previous government attacked workers' rights over and over again. The Liberals are quick to make promises to Canadian workers, but they have a hard time keeping them.

Will the Minister of Employment, Workforce Development and Labour finally do something and reinstate the provisions on workplace health and safety in Bill C-4 in order to protect Canadian workers?

[MaryAnn Mihychuk, Liberal, Minister of Employment]

Mr. Speaker, we are all anxious to get Bill C-4 through the whole parliamentary system. In fact, members have had an opportunity to speak to the bill. It has gone to committee. I had an opportunity to present. We are looking forward to actually bringing it back to the House, voting on it and making it a new law for Canadians.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, the previous Conservative government attacked collective bargaining and weakened worker protection for the public service. In January, the Minister of Employment, Workforce Development and Labour tabled a bill to repeal some of the Conservatives' anti-worker legislation. However, six months later and the bill is languishing.

It is not enough just to meet with public servants and pay lip service to undoing Conservative damage. When will the Liberals stop stalling and bring Bill C-4 back to the House?

Public Service Labour Relations Act

[Jim Eglinski, Conservative, Yellowhead, AB]

Madam Speaker, I will be sharing my time with the hon. member for Sherwood Park—Fort Saskatchewan.

I am pleased to rise today to speak to the third reading of Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures.

Before I begin, I would like to take this opportunity to thank all RCMP members, both past and present, for their service and putting public safety before their own safety every day.

I had the opportunity to speak to the bill when it was at second reading. In my speech I stated that we supported Bill C-7 going to committee, where we would ask the government to amend its legislation to explicitly allow RCMP members the right to vote on whether to unionize through a secret ballot.

I respect the Supreme Court decision that RCMP officers are entitled to bargain collectively. The purpose of Bill C-7 is to satisfy this ruling and ensure the RCMP has the framework in place to bargain collectively if its members so wish.

If we look to the court's decision, we will see that employees' choice was the cornerstone. It is my opinion that a secret ballot is the most appropriate method of ensuring members have that choice free of intimidation and negative ramifications. A lot of young and new members may feel unsure about how they are supposed to vote when they are working in a ranked structure. Their management in the field detachments is older than they are and will have an understanding that is different from theirs.

Many members across the force want to see change. Speaking from personal experience as a former RCMP member for 35 years, people tend, especially in police roles, to be very private about individual concerns due to the chain of command structure in the police environment.

However, with a secret ballot, members would have the ability to vote honestly on whether they wished to unionize without fear of ramifications. That is why I believe it is very important that members feel secure in their decision that the choice should be something members are able to reflect on in private.

I will not be splitting my time after all, Madam Speaker. The member for Sherwood Park—Fort Saskatchewan has a lot to say. I will take the full 20 minutes and leave him 20 minutes on his own. I apologize.

As promised during the second reading of the bill, our Conservative Party requested in committee that C-7 be amended to require secret ballot certification. I was very disappointed that the government was unwilling to make this essential change. While I support the intent of the legislation to allow the RCMP to collectively bargain, I cannot support the bill as it is currently written. In the certification process for a bargaining agent, a secret ballot should be in place to allow all members to freely express their own opinions.

The Supreme Court judgment was silent on the method of choice in that it did not clarify whether the certification process should be by 50% plus one majority or by secret ballot, and that is too bad.

It has been argued by other members that the principle of a card check should be upheld as a sufficient and appropriate method for the RCMP, because that is how workers in the private sector and other federally regulated groups will decide on collective bargaining once Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act passes its final reading.

We do not use a show of hands or a public petition in our democratic elections, nor should we in the workplace, especially in this set of circumstances.

The right to peaceful association is granted to workers through the Charter of Rights and Freedoms, but the unmitigated right union leaders feel they have to represent a particular workplace is not protected by the Charter of Rights and Freedoms. This leadership is something that must be earned from the membership. Union leaders need to remember that representation is contingent upon workers placing their trust in the particular union of their choice through a democratic selection process. If union membership can elect its national president or any of its executives, directors, or leadership by way of a secret ballot, then in all fairness the workers should be afforded the very same right to have a secret ballot during the union certification process.

The right to be able to vote one's will free of intimidation or threat is a fundamental freedom and a right that should be extended to all workers. That is why when we were government we passed Bill C-525, the employees voting rights act, which required that certification of bargaining agents under the Public Service Labour Relations Act be achieved by a secret ballot vote based on the majority.

As noted earlier, Bill C-4 would reverse the procedures for the certification of bargaining agents that existed before Bill C-525; that is back to card check.

It has been argued that the RCMP, a public service, should not be treated any differently from other groups of workers. If it is good enough for every other federally regulated group to certify under a card check system, then it should be good enough for RCMP members.

I would like to remind my colleagues that the requirement to unionize was a consequence of a Supreme Court of Canada ruling. It was not a consequence of the majority of RCMP members wanting this type of method to govern the way they protected themselves.

Following the court ruling, the government launched a consultation process that took place over the summer of 2015. It consisted of a survey, town halls and video conferences. With over 9,000 members completing the survey, there was a clear expression that they would like a regime designed specifically for the RCMP. They did not want to be lumped in with other civil servants.

The government needs to realize that the RCMP is a police force with a unique role and a unique chain of command structure. It is clearly different from other federally regulated groups and therefore should be, in my view, treated differently. The RCMP should have the ability to decide whether to unionize through the most appropriate method for it, not for another group. Members deserve a secret ballot.

Recognition of this should have been taken by the government in order to realize the RCMP was not like other federal departments. However, the Liberals have refused to amend Bill C-7 to allow RCMP members the right to vote on whether to unionize through a secret ballot. Therefore, I cannot support the bill.

I am extremely proud of the RCMP and its members, and to have served in that organization myself. Its members risk their lives every day and should hold great pride in serving Canada's police force. The least we can do is give them the right to vote, free of all intimidation, on whether to unionize.

Earlier today there was talk about the staff relations program, which was brought in in the early 1970s. Unlike some of the comments that were made with respect to it, it was a program wherein the representatives were voted in by the members. Throughout the 1970s and 1980s, it negotiated in good faith with the management of the RCMP and Treasury Board, and it provided strong representation to the members. We remained in the top three police forces per pay and benefits for many years under that program.

Somewhere throughout the1990s and 2000s, when things got tight in all governments, the system declined and the pay and benefits of the members of the RCMP declined with the cuts made by the Liberal government and by the Conservative government afterward.

The unionization of the RCMP is profoundly different than any other union that has ever been formed in our country. It is a legislated requirement. I do not believe any member in the House could stand before me and tell me of any other union in Canada that was formed by a legislated order and members told that they had to vote but not it could not be a secret vote. Right off the bat that is intimidation by the government down to the people in the field.

Yes, there are groups in the RCMP across Canada that want to see a union. Other members do not want to see a union. However, the one thing they all will agree on is that they are at the bottom of the police totem pole when it comes to salaries and benefits.

I mentioned earlier that in the 1970s, 1980s, and even into the early 1990s, we were always part of the top 10 police forces. In fact, we did not even recognize the police forces that ranked 11 down to 50-something. We only looked at the top 10. Staff relations negotiated to keep us in the top, and it kept us in the top three for many years.

However, today the RCMP is ranked 56th. It is a sad situation for Canada's national police force to be number 56 on the totem pole of police forces. It should be in at least the top 10, and it should be in the top 3. It is Canada's police force. It is Canada's international police force. It is internationally recognized as one of the best police forces in the world. Yet we are only paying its members at the bottom of the scale.

It was mentioned earlier that a survey was done in 2015 to determine how the members of the RCMP felt about unionizing, or to determine if there were concerns with respect to people representing them in some type of bargaining. Approximately 9,000 members said that they needed a better system. That is only roughly one-third of the membership.

Clearly, from speaking to the members of the RCMP who are stationed in my community, many are uncomfortable about the fact that the RCMP may become unionized. They are proud to serve their country. A lot of them joined the RCMP for one specific reason: not to be in a unionized organization. They wanted the freedom to serve and not be controlled by an internal organization. Now they will have to vote in that regard.

I just want to state an opinion here, which is this. If they voted against it, would we be back here in another year and a half when another group challenges it through the Supreme Court?

I want to talk a bit about the discomfort of the members in the field. I am talking about western Canada specifically, eastern Canada, those members who are stationed in small detachments. I will give a brief example of what I mean by small detachments. It could be a detachment of two members, with a corporal in charge. It could be a detachment of six members, with a sergeant in charge. It could be a detachment of eight members, with a sergeant and then a corporal. That is how the rank structure works within the force. As the numbers go up, so does the number of NCOs in the detachment. A staff sergeant would command a detachment of 14 members with one sergeant. Once it gets up to 18 or 20 members, there are two sergeants and then there is a corporal.

However, the problem is that the members all work together to protect their communities, to protect the safety of the people within that community, and to protect each other's safety. They go out there, as mentioned earlier by other members, and they are the first ones at the scene. They are the first ones to go to the shootings, the violent assaults, the fatal accidents. They have to work hand in hand with each other. How can the Liberals expect a young constable in, for example, a staff-sergeant detachment with a staff sergeant, two sergeants and two corporals, to vote, when he has to vote in front of them on the way he thinks it should be, knowing they or the other constables that he works with may feel totally different from how he does? However, he has to stand up there and wave his little card and vote. Do they think he is not going to be intimidated? Members will be completely uncomfortable about voting on whether they should become unionized if they have to vote in front of their peers.

The thing that is very unique about the RCMP, and very similar to fire departments, is that the rank and file in the smaller detachments, going even to an inspector's detachment, which comes in at 50 people, or a superintendent's, which comes in at 100 members, work hand in hand. Those members deserve the right to decide whether they want to unionize, but they should also have the right to vote privately and secretly so that they do not put themselves in an awkward position with their peers, with their supervisors, and with their buddies with whom they work side by side, with whom one day, or even the next day, they may have to go back to back in a scuffle in a hotel. Sometimes it is hard. One member might be mad because a guy voted the other way and might not work as hard as she or he should.

It is a dangerous precedent that we are setting here. The RCMP, fire departments, and even police departments are unique. They are a proud lot of people who go out there to fight for their communities, to keep their communities safe, and to keep each other safe. However, their pride is individual. They are proud of serving an organization, but they want to make their important decisions on their own, and we would take that fundamental right away from them. We should not. We must look at that aspect of it.

I cannot support the bill, simply because we would not give the members of the RCMP the right to vote secretly on the decision of whether they want to unionize.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, I thank my colleague across the floor for congratulating me on my office opening. I am also proud to represent his in-laws in the House of Commons.

With regard to the secret ballot, there have been a great deal of questions about that. We feel it is very important that the RCMP has the same bargaining provisions as the remainder of the public service. In fact, we feel it is very important that they fall under the same legislation, which would be Bill C-4. It is a consistent approach for the federal public service and we feel the RCMP deserves to have the same certification and decertification processes that are available to other public servants included in Bill C-4. In addition, some of the provisions can be debated when we deal with Bill C-4, but we feel that they need to be part of the same certification process.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I want to thank the hon. member for Cariboo—Prince George for sharing his time with me today.

I rise to speak to Bill C-7, but I would first like to thank all members of the RCMP for the incredible service they provide to our country not just from coast to coast to coast but across the globe. RCMP members are stationed all over the world, and they provide incredible service to our country and its residents. I am 100% supportive of the RCMP for what it does. I have tried to encourage my son to become an RCMP officer because of the pride and tradition the RCMP brings to our great country.

I would like to start with just how we arrived at this point, and my hon. colleague brought this up earlier. Since 1974, RCMP members have worked under a non-unionized labour relations regime in which the staff relations representative program, the SRRP, has been the only body recognized by management that represents the interests of employees. Despite the consultative role of the SRRP, management has the final word with respect to HR matters.

Section 2(1)(d) of the Public Service Labour Relations Act excluded RCMP members from unionizing. The Supreme Court of Canada ruled in the Mounted Police Association of Ontario v. Canada that the existing labour relations program violated the rights of RCMP members under section 2(d), freedom of association, of the Charter of Rights and Freedoms. In the ruling in January 2015, the government was given one year to pass new legislation. In January 2016 that deadline was extended to April 2016.

Bill C-7 would allow members of the RCMP and its reservists to collectively bargain. According to the bill's summary, it would create a process for an employee organization to acquire collective bargaining rights for members and reservists and include provisions that regulate collective bargaining, arbitration, unfair labour practices, and grievances.

The certification of unions speaks to the three requirements it must meet. It must have a primary mandate, the representation of employees who are RCMP members. It cannot be affiliated with a bargaining agent or other association that does not have a primary mandate of the representation of police officers, and it cannot be certified for any other group of employees.

Bill C-4, and this is what I find to be somewhat disturbing, would strip employees of their right to a secret ballot, and I will speak more on that later on. On the certification and decertification of unions, the combination of Bill C-4 and Bill C-7 would leave RCMP members without a secret ballot vote on future union drives, and it runs contrary to my view, that of giving workers the right to a vote that is free of intimidation prior to being forced to join, pay dues, or be represented by a bargaining agent.

With respect to collective bargaining, the bill would restrict what is up for bargaining. The collective agreement cannot include any term or condition that relates to law enforcement techniques, transfers, appointments, probation, discharges, demotions, conduct including harassment, basic requirements of RCMP duties, uniform order, or dress.

Given the unique nature of the RCMP, there are several aspects of that part of the bill that I certainly agree with, such as postings, uniforms, demotions, conduct, etc., and the increase in the size of the Public Service Labour Relations and Employment Board to 12 from 10 and the requirement that at least two of those members have knowledge of police organization. It also speaks to dispute resolutions and grievances.

As I said earlier, one of the things that is somewhat disturbing to me is the fact that there would be no requirement for secret ballots.

The legislation was really watered down when it came to Parliament. I supported it at second reading because I thought there was more work that could be done at committee, and I was very glad to see that there was. With respect to clauses 40 and 42 of the legislation, it was actually amended, in large part because of a push on the part of our Conservative members of the committee.

With respect to the legislation itself, obviously this side of the House respects the Supreme Court of Canada decision. One of the things we do not respect, and I do not personally respect, concerns the right of an individual to have a secret ballot. I was president of a firefighters' union for 30 and a half years. I can say that everything was done with a secret ballot. I believe fundamentally and principally in the right of an individual to maintain a secret ballot, especially in an organization like this, because one of the unique natures of being a police officer or a firefighter, particularly a young firefighter or police officer, is the fact that one is on a career path and often some of the decisions made can have an impact later, on every aspect of one's career.

As the member for Durham said, it is one of the fundamental tenets of democracy. All of us in this House have been elected as a result of a secret ballot. The Speaker of the House was elected on a secret ballot. Leaders of political organizations are elected on a secret ballot. The irony of this whole thing is that, as I stated in my comments, not only are RCMP officers charged with protecting us domestically and protecting Canadian interests around the world, but they often go into new democratic countries and are there to ensure that the democratic process is adhered to. I think that is sometimes forgotten around here. Many times, RCMP officers will go to new democracies in Africa and in Europe and will actually be there to ensure that individuals' right to a secret ballot, free of intimidation, free of coercion, free of influence is ensured in those democracies. The irony I find in this whole process is the fact that RCMP officers are not being given the very right that they go and protect in faraway lands. That to me is a complete irony.

Why is it that the Liberal government would ensure we are seeing not just a continuation of Bill C-4 in Bill C-7 with respect to the secret ballot? That is up to speculation, but if one were to be a good speculator, it could be nothing more than just political payback to the promises that were made to the union leadership with respect to the last election, which was that there were going to be secret ballots.

Having been a union president myself, I have first-hand experience and I can say that there is some element of intimidation, especially, as I said earlier, with young police officers or young firefighters. They sometimes do not know what they do not know. When they get into a situation where they are voting or are in a process of unionization, it can be intimidating for young firefighters. In my involvement in the firefighter movement, at one point I was intimidated by the process of which I was not really aware. The fundamental right of the secret ballot is something that is Canadian. It is not just something that belongs in this legislation for RCMP officers, but it is something that is fundamentally rooted in Canada.

There are several aspects of this legislation that we are supporting but one that we cannot support, based on a fundamental principle of having a secret ballot. The fact that it is not in this legislation is something that I cannot support. I support 100% our RCMP officers, the men and women who protect our country and Canadian interests abroad, but this legislation in some ways is flawed, and I cannot support it.

Labour

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I want to commend my colleague from Saskatoon West on her speech and of course her great interest in labour and labour issues. I would like to share with the rest of the House as well that we share a similar view on what transpired over the past 10 years and with the former Conservative government.

Canadians were not fooled. They understood fully that it was organized labour that was under attack under the last government. We saw that through many manifestations, through various pieces of legislation. We saw it in unprecedented use of back-to-work legislation. The legislation for Canada Post and for Air Canada come to mind. Even before those organizations were in a strike position and those unions were in a position that they could go out on strike, there was back-to-work legislation coming off the shelf to be presented in the House.

We saw that, and absolutely Bill C-377 and Bill C-525 were directed at organized labour. With Bill C-377 we saw that constitutional experts said it was unconstitutional. We saw privacy experts say that it compromised the privacy of millions of Canadians. We saw provinces and territories say that it infringed on an area of their purview, that constitutionally it was their area of responsibility.

That was what we saw. That was the table that was set in the last Parliament by the last government.

Certainly what we have tried to do since October 19 and since the new minister came in on November 4 was to set a different atmosphere around work and labour. Certainly the current Bill C-4, not the old Conservative Bill C-4, was the first piece of legislation our minister presented. It was to repeal Bill C-377 and Bill C-525, within Bill C-4. I was very happy that it was the first piece of legislation the minister tabled.

Over the course of my experience over the last four years dealing with both employers and employees, one thing that has been consistent and that has been clear coming from both areas is that any changes to the Labour Code have to be done through a tripartite approach with labour, employers, employees, stakeholders, the provinces and territories—everybody involved.

They said that clearly with Bill C-377 and they said it with Bill C-525. We believe that the 2004 definition that was brought in by past Liberal governments is the right way to go, but that any change in the code has to be undertaken with a tripartite approach. I hope my colleague from Saskatoon West will understand that is the approach this government would take in changing the Labour Code. It would be under a tripartite approach.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, the right to refuse unsafe work is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in one's workplace and the right to participate in workplace health and safety decisions. While procedures and circumstances may vary from province to province, just about all workers have the legal right to a healthy and safe workplace that allows, and in some provinces obligates, them to protect their safety by refusing to perform work they believe has the potential to harm themselves or others at the work site.

All workers in Canada have the right to work in a safe and healthy environment. Over the last decade, the previous Conservative government had undone many of the progressive advances for workers that had been achieved over generations.

On February 19, I asked the government why it had not tabled legislation to reverse some of the most egregious changes brought in by the Conservatives. Sadly, I did not get an answer.

On the health and safety front, the Conservatives used the omnibus bill, Bill C-4, to change the Canadian Labour Code to limit the rights of workers to refuse unsafe work, and also to do away with the independent health and safety officers, relegating their responsibilities to political appointees of the minister.

The bill also made sweeping changes to the Public Service Labour Relations Act to prevent federal public service workers from filing complaints with the Canadian Human Rights Commission. It also gutted public service collective bargaining by allowing the government to unilaterally determine which workers would be deemed essential and therefore forbidden from striking, without recourse to a third party review.

During the debate about these changes, many individuals and organizations brought forward grave concerns.

Larry Rousseau of PSAC wrote that the changes that were stuffed into the 309-page budget implementation act would turn the clock back 50 years for labour relations.

However, no voice was more compelling than that of Rob Ellis, whose 18 year-old son, David, was killed on the job. On David's second day of work at a temporary position in a bakery, he was pulled into an industrial mixer that was operating without a safety guard and lockout. David lacked the experience to comprehend the dangers of the workplace.

Rob Ellis, his dad, said:

We should not assume that new workers have enough experience to recognize or categorize the level of danger of every workplace condition. New or young employees should be encouraged to say no to unsafe work. And when they do stand up and say no, they should not be subject to discipline if their complaint is rejected without investigation...

During the federal election, the parliamentary secretary's website promised that a Liberal government would, “Repeal the Conservative definition of “danger” in the Canada Labour Code that is regressive and sacrifices the health and safety rights of workers.” Why has the minister remained silent? Through the hon. parliamentary secretary, I simply ask the minister this. When will the government repeal these draconian measures?